Legal Opinion

Tinch v. Walters

District Court, E.D. Tennessee

Decided October 6, 1983No. CIV. 3-83-286PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

This is an action challenging the final decision of the Veterans Administration [VA] denying plaintiffs application for extension of his delimiting date for educational benefits. Plaintiff seeks a declaratory judgment that 38 C.F.R. § 3.301(c)(2), governing the determination of whether alcoholism is the result of “willful misconduct,” violates: the due process and equal protection guarantees of the fifth amendment of the Constitution; the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-94; and the Comprehensive Alcohol Abuse and Alcoholism Prevention,…

2Cases cited5 opinions

  1. Johnson v. RobisonSupreme Court of the United States · 1974
  2. Clinton C. Simpson v. Reynolds Metals Company, Inc.Court of Appeals for the Seventh Circuit · 1980
  3. Wayne State University v. Max ClelandCourt of Appeals for the Sixth Circuit · 1978
  4. Jennings v. AlexanderCourt of Appeals for the Sixth Circuit · 1983
  5. Burns v. NimmoDistrict Court, N.D. Iowa · 1982

3Cited by12 opinions

  1. Traynor v. TurnageSupreme Court of the United States · 1988
  2. Rodgers v. LehmanCourt of Appeals for the Fourth Circuit · 1989
  3. Whitlock v. DonovanDistrict Court, District of Columbia · 1984
  4. William Howard Tinch, Cross-Appellant v. Harry N. Walters, in His Official Capacity as Administrator of the Veterans Administration, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1985
  5. Eugene Traynor v. Harry W. Walters, Administrator of the Veterans Administration, DefendantsCourt of Appeals for the Second Circuit · 1986

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